9. Monitoring Efforts To Prevent And Respond To Sgbv
For many in detention, access to complaints mechanisms may be their only hope of
ending the abuse.
In this context, monitors should be aware that those detainees/prisoners who are in
particular situations of vulnerability may also be those who will face difficulties reporting abuse or accessing complaints mechanisms, including, for example, children,
foreign nationals and those with mental healthcare needs.
The accessibility, independence and confidentiality of complaints mechanisms are issues of particular concern in cases of SGBV, due to fear of inaction by security and
justice providers and the particular risks that can accompany complaints of sexual
harassment and abuse. The timeframe in which complaints can be lodged is also significant, as victims of SGBV may need time before issuing a complaint. Some may not
want to complain until they have been released from detention.
If different avenues of complaint are available to all, are properly managed and clearly
documented, prison administrations should be able to identify and deal with systematic problems, as well as with individual instances of abuse.
In addition to monitoring the complaints procedures themselves, monitors can also
look into how complaints of SGBV are handled, to determine if such complaints are
dealt with any differently than others, or whether complaints are handled differently
depending on who makes them. This is particularly important, because complaints
related to SGBV may be ignored, disbelieved or regarded as “trivial”, or authorities
may not know what to do about them.
If the complaints process is not fully confidential, victims of SGBV might also be specifically targeted for further abuse, marginalization or derogatory remarks, because of
the nature of their complaint, whether it is upheld or not.
In a very masculinized institutional culture, staff members may fail to report instances of SGBV for fear of appearing weak or being branded as a “troublemaker”. They
may also be concerned that they will be ostracized or lose promotion opportunities,
particularly if the complaint is against a superior.
Given the nature of complaints of SGBV, the particular barriers to reporting such
abuse, and the high risk of retaliatory action, authorities should make special provision for responding promptly to such complaints.
Prison monitors should consider looking into the following in relation to complaints
procedures:
70
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents